THE STATE OF MIZORAM ACT, 1986 
____________ 

ARRANGEMENT OF SECTIONS 
____________ 

PART I 
PRELIMINARY 

SECTIONS 

1.  Short title. 
2.  Definitions. 

PART II 
ESTABLISHMENT OF THE STATE OF MIZORAM 

3.  Establishment of the State of Mizoram. 
4.  [Repealed]. 

PART III 
REPRESENTATION IN THE LEGISLATURES 
The Council of States 

5.  [Repealed]. 
6.  Allocation of sitting member. 
7.  [Repealed]. 

The House of the People 

8.  Allocation of seat in the existing House of the People. 
9.  Provision as to sitting member. 

The Legislative Assembly 

10.  Provision as to Legislative Assembly. 
11.  Delimitation of constituencies. 
12.  Power of Election Commission to maintain delimitation orders up-to-date. 
13.  [Repealed]. 
14.  [Repealed]. 

PART IV 
HIGH COURT 

15.  Common High Court for Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram. 
16.  Provision as to advocates. 
17.  Practice and procedure in the common High Court. 
18.  Custody of seal of the common High Court. 
19.  Form of writs and other processes. 
20.  Powers of Judges. 
21.  Principal seat and other places of sitting of the common High Court. 
22.  Procedure as to appeals to Supreme Court. 

1 

 
SECTIONS 

23.  Transfer of proceedings from the High Court of Assam, Nagaland, Meghalaya, Manipur and 

Tripura to the common High Court. 

24.  Interpretation. 
25.  Right to appear or to act in proceedings transferred to the common High Court. 
26.  Saving. 
26A. Non-applicability of this Part to the States of Meghalaya, Manipur and Tripura. 

PART V 
AUTHORISATION OF EXPENDITURE AND DISTRIBUTION OF REVENUES 

27.  Authorisation of expenditure pending its sanction by the Legislature. 
28.  Reports relating to the accounts of the existing Union territory of Mizoram. 
29.  Allowances and privileges of Governor of Mizoram. 
30.  Distribution of revenues. 

PART VI 
ASSETS AND LIABILITIES 

31.  Property, assets, rights, liabilities, obligations, etc. 

PART VII 
PROVISIONS AS TO SERVICES 

32.  Provision relating to All India Services. 
33.  Provisions relating to other services. 
34.  Other provisions as to services. 
35.  Provisions as to continuance of officers in same posts. 
36.  Advisory Committees. 
37.  Prohibition of representation after certain period. 
38.  Power of Central Government to give directions. 

PART VIII 
LEGAL AND MISCELLANEOUS PROVISIONS 

39.  [Repealed]. 
40.  [Repealed]. 
41.  [Repealed]. 
42.  [Repealed]. 
43.  Continuance of existing laws and their adaptations. 
44.  Power to construe laws. 
45.  Provisions as to continuance of courts, etc. 
46.  Effect of provisions of Act inconsistent with other laws. 
47.  Power to remove difficulties. 
48.  Power to make rules. 

THE FIRST SCHEDULE REPEALED. 
THE SECOND SCHEDULE REPEALED. 
THE THIRD SCHEDULE REPEALED. 
THE FOURTH SCHEDULE REPEALED. 

2 

 
THE STATE OF MIZORAM ACT, 1986 

ACT NO. 34 OF 1986 

An  Act  to  provide  for  the  establishment  of  the  State  of  Mizoram  and  for  matters  connected 

therewith. 

BE it enacted by Parliament in the Thirty-seventh Year of the Republic of India as follows:— 

[14th August, 1986.] 

PART I 

PRELIMINARY 

1. Short title.—This Act may be called the State of Mizoram Act, 1986. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a) “Administrator” means the administrator appointed by the President under Article 239 of the 

Constitution; 

(b)  “appointed  day”1  means  the  day  which  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint; 

(c) “article” means an article of the Constitution; 

(d)  “Election  Commission”  means  the  Election  Commission  appointed  by  the  President  under 

Article 324; 

(e)  “existing  Union  territory  of  Mizoram”  means  the  Union  territory  of  Mizoram  as  existing 

immediately before the appointed day; 

(f) “law” includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification 
or other instrument having, immediately before the appointed day, the force of law in the whole or 
any part of the existing Union territory of Mizoram; 

(g) “sitting member”, in relation to either House of Parliament or of the Legislative Assembly of 
the existing Union territory of Mizoram, means a person who, immediately before the appointed day, 
is a member of that House or that Assembly; 

(h) “treasury” includes a sub-treasury. 

PART II 

ESTABLISHMENT OF THE STATE OF MIZORAM 

3.  Establishment  of  the  State  of  Mizoram.—On  and  from  the  appointed  day,  there shall  be 
established a new State, to be known as the State of Mizoram, comprising the territories which immediately 
before that day were comprised in the existing Union territory of Mizoram. 

4.  [Amendment  of  First  Schedule  to  the  Constitution].—Rep.  by  the  Repealing  and  Amending  Act, 

2001 (30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001). 

PART III 

REPRESENTATION IN THE LEGISLATURES 

The Council of States 

5. [Amendment of Fourth Schedule to the Constitution].—Rep. by the Repealing and Amending Act, 

2001 (30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001). 

1. 20th February, 1987, vide notification No. S.O. 72(E), dated 11th February, 1987, see Gazette of India, Extraordinary, Part II, 

sec. 3(ii). 

3 

 
                                                           
 
6.  Allocation  of  sitting  member.—(1)  On  and  from  the  appointed  day,  the  sitting member  of  the 
Council of States representing the existing Union territory of Mizoram shall be deemed to have been duly 
elected under clause (4) of article 80 to fill the seat allotted to the State of Mizoram in that Council. 

(2) The term of office of such sitting member shall remain unaltered. 

7. [Amendment of section 27A of Act 43 of 1950].—Rep. by the Repealing and Amending Act, 2001 

(30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001). 

The House of the People 

 8. Allocation of seat in the existing House of the People.—(1) On and from the appointed day, the 
allocation of seats to the State of Mizoram in the House of the People and the number of seats to be reserved 
for  the  Scheduled  Tribes  of  that  State shall  be  one;  and  the  First  Schedule  to  the  Representation  of  the 
People Act, 1950 (43 of 1950), shall be deemed to be amended, accordingly. 

(2)  On  and  from  the  appointed  day,  the  parliamentary  constituency  of  the  existing  Union  territory  of 
Mizoram shall be deemed to be the parliamentary constituency of the State of Mizoram and the Delimitation 
of Parliamentary and Assembly Constituencies Order, 1976, shall be construed accordingly. 

9. Provision as to sitting member.—The sitting member of the House of the People representing the 
constituency which, on the appointed day, by virtue of the provisions of section 8 becomes the constituency 
of  the  State  of  Mizoram, shall  be  deemed  to  have  been  elected  under sub-clause  (a)  of  clause  (1)  of 
article 81 to the House of the People by that constituency. 

The Legislative Assembly 

10. Provision as to Legislative Assembly.—On and from the appointed day, the total number of seats 
in the Legislative Assembly of the State of Mizoram to be filled by persons, chosen by direct election from 
assembly  constituencies shall  be  forty;  and  the  Second  Schedule  to  the  Representation  of the  People 
Act, 1950 (43 of 1950), shall be deemed to be amended accordingly. 

11.  Delimitation  of  constituencies.—(1)  The  Election  Commission shall,  before  the  appointed  day, 
and in the manner herein provided, distribute the seats assigned to the Legislative Assembly of the State of 
Mizoram under section 10 to single-member territorial constituencies and delimit them, having regard to 
the provisions of the Constitution and to the following provisions, namely:— 

(a) all constituencies shall, as far as practicable, be geographically compact areas, and in delimiting 
them regard shall be had to physical features, existing  boundaries of administrative units, facilities of 
communication and public convenience; and 

(b) constituencies in which seats are reserved for the Scheduled Tribes shall, as far as practicable, be 

located in areas where the proportion of their population to the total population is the largest. 

(2) For the purpose of assisting it in the performance of its functions under sub-section (1) the Election 

Commission shall associate with itself as associate members,— 

(a) the sitting member of the House of the People referred to in section 9; and 

(b)  such  six  of  the  members  of  the  Legislative  Assembly  of  the  existing  Union  territory  of 

Mizoram as the Speaker thereof may nominate: 

Provided that none of the associate members shall have a right to vote or to sign any decision of the 

Election Commission. 

(3) If owing to death or resignation, the office of an associate member falls vacant, it shall be filled, if 

practicable, in accordance with the provisions of sub-section (2). 

(4) The Election Commission shall— 

(a) publish its proposals for the delimitation of constituencies together with the dissenting propos-
als, if any, of any associate member who desires publication thereof, in the Official Gazette and in 
such other manner as the Commission may consider fit, together with a notice inviting objections and 

4 

 
suggestions in relation to the proposals and specifying a date on or after which the proposals will be 
further considered by it; 

(b) consider all objections and suggestions which may have been received by it before the date so 

specified; 

(c) after considering all objections and suggestions which may have been received by it before the 
date so specified, determine by one or more orders the delimitation of constituencies and cause such 
order or orders to be published in the Official Gazette; and upon such publication, the order or orders 
shall have the full force of law and shall not be called in question in any Court. 

(5)  As  soon  as  may  be  after  such  publication,  every  such  order  relating  to  assembly  constituencies 

shall be laid before the Legislative Assembly of the existing Union territory of Mizoram. 

12. Power of Election Commission to maintain delimitation orders up-to-date.—(1) The Election 

Commission may, from time to time, by notification in the Official Gazette,— 

(a) correct any printing mistake in any order made under section 11 or any error arising therein from 

inadvertent slip or omission; 

(b) where the boundaries or name of any territorial division mentioned in any such order are or is 
altered,  make  such  amendments  as  appear  to  it  to  be  necessary  or  expedient  for  bringing  such order  
up-to-date. 

(2) Every notification under this section relating to an assembly constituency shall be laid, as soon as 

may be after it is issued, before the Legislative Assembly of the existing Union territory of Mizoram. 

13.  [Amendment  of  Scheduled  Castes  Orders].—Rep.  by  the  Repealing  and  Amending  Act,  2001  

(30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001). 

14.  [Amendment  of  Scheduled  Tribes  Orders].—(1)  Rep.  by  s.  2  and  the  First  Schedule,  ibid.  

(w.e.f. 3-9-2001). 

PART IV 

HIGH COURT 

15. Common High Court for Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram.—

(1) On and from the appointed day,— 

(a) there shall be a common High Court for the States of Assam, Nagaland, Meghalaya, Manipur, 
Tripura  and  Mizoram  to  be  called  the  Gauhati High  Court  (the High  Court  of  Assam,  Nagaland, 
Meghalaya, Manipur, Tripura and Mizoram) (hereinafter referred to as the common High Court); 

(b)  the  Judges  of  the High  Court  of  Assam,  Nagaland,  Meghalaya,  Manipur  and  Tripura  holding 
office  immediately  before  that  day shall,  unless  they  have  elected otherwise,  become  on  that  day  the 
Judges of the common High Court. 

(2)  The  expenditure  in  respect  of  the  salaries  and  allowances  of  the  Judges  of  the  common High 
Court shall  be  allocated  amongst  the  States  of  Assam,  Manipur,  Meghalaya,  Mizoram,  Nagaland  and 
Tripura and the Union in such proportion as the President may, by order, determine. 

16. Provision as to advocates.—(1) On and from the appointed day,— 

(a)  in  the  Advocates  Act, 1961  (25  of  1961),  in  section 3 in sub-section  (1),  for  clause  (b),  the 

following clause shall be substituted, namely:— 

“(b)  for  the  States  of  Assam,  Manipur,  Meghalaya,  Mizoram,  Nagaland  and  Tripura  and  the 
Union  territory  of  Arunachal  Pradesh,  to  be  known  as  the Bar  Council  of  Assam,  Nagaland, 
Meghalaya, Manipur, Tripura and Mizoram;” 

(b)  the Bar  Council  of  Assam,  Nagaland,  Meghalaya,  Manipur  and Tripua shall  be  deemed  to  be 

the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram. 

5 

 
(2)  Any  person  who,  immediately  before  the  appointed  day,  is  an  advocate  entitled  to  practise  in 
the High  Court  of  Assam,  Nagaland,  Meghalaya,  Manipur  and Tripura,  shall  be  entitled  to  practise  as an 
advocate in the common High Court. 

(3) All persons who, immediately, before the appointed day, are advocates on the roll of the Bar Council 
of Assam, Nagaland, Meghalaya, Manipur and Tripura, shall as from that day, become advocates on the roll 
of the Bar Council of Assam, Nagaland, Meghalaya, Manipur, Tripura and Mizoram. 

(4)  The  right  of  audience  in  the  common High  Court shall  be  regulated  in  accordance  with  the  like 
principles  as,  immediately  before  the  appointed  day,  are  in  force  with  respect  to  the  right  of  audience  in 
the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura: 

Provided that as among the Advocates-General of the States of Assam, Manipur, Meghalaya, Mizoram, 
Nagaland and Tripura, the right of audience shall be determined with reference to their dates of enrolment as 
advocates. 

17. Practice and procedure in the common High Court.—Subject to the provisions of this Part, the 
law in force immediately before the appointed day with respect to practice and procedure in the High Court 
of  Assam,  Nagaland,  Meghalaya,  Manipur  and  Tripura shall,  with  the  necessary  modifications,  apply  in 
relation to the common High Court. 

18. Custody of seal of the common High Court.—The law in force immediately before the appointed 
day with respect to the custody of the Seal of the High Court of Assam, Nagaland, Meghalaya, Manipur and 
Tripura shall,  with  the  necessary  modifications,  apply  with  respect  to  the  custody  of  the  seal  of  the 
common High Court. 

19. Form of writs and other processes.—The law in force immediately before the appointed day with 
respect  to  the  form  of  writs  and other processes  used,  issued  or  awarded  by  the High  Court  of  Assam, 
Nagaland, Meghalaya, Manipur and Tripura shall, with necessary modifications, apply with respect to the 
form of writs and other processes used, issued or awarded by the common High Court. 

20.  Powers  of  Judges.—The  law  in  force  immediately  before  the  appointed  day  with  respect  to  the 
powers  of  the  Chief  Justice,  single  Judges  and  division  courts  of  the High  Court  of  Assam,  Nagaland, 
Meghalaya,  Manipur  and  Tripura  and  with  respect  to  all  matter,  ancillary  to  the  exercise  of  those 
powers shall, with the necessary modifications, apply in relation to the common High Court. 

21. Principal seat and other places of sitting of the common High Court.—(1) The principal seat 
of  the  common High  Court shall  be  at  the  same  place  at  which  the  principal  seat  of  the High  Court  of 
Assam, Nagaland, Meghalaya, Manipur and Tripura is located immediately before the appointed day. 

(2) The President may, by notified order, provide for the establishment of a permanent bench or benches 
of the common High Court at one or more places within the territories to which the jurisdiction of the High 
Court extends, other than the principal seat of the High Court, and for any matters connected therewith: 

Provided  that  before  issuing  any order  under  this sub-section,  the  President shall  consult  the  Chief 
Justice of the common High Court and the Governor of the State in which the bench or benches is or are 
proposed to be established. 

(3)  Notwithstanding  anything  contained  in sub-section  (1)  or sub-section  (2),  the  Judges  and  division 
courts  of  the  common High  Court  may  also  sit  at  such other place  or  places  in  the  States  of  Assam, 
Nagaland, Meghalaya, Manipur, Tripura and Mizoram  as the Chief Justice may,  with the approval of the 
Governor of the State concerned, appoint. 

22. Procedure as to appeals to Supreme Court.—The law in force immediately before the appointed 
day  relating  to  appeals  to  the  Supreme  Court  from  the High  Court  of  Assam,  Nagaland,  Meghalaya, 
Manipur  and  Tripura  and  the  Judges  and  division  courts  thereof shall,  with  the  necessary  modifications, 
apply in relation to the common High Court. 

23.  Transfer  of  proceedings  from  the  High  Court  of  Assam,  Nagaland,  Meghalaya,  Manipur 
and  Tripura  to  the  common  High  Court.—(1)  All  proceedings  pending  in  the High  Court  of  Assam, 
Nagaland,  Meghalaya,  Manipur  and  Tripura  immediately  before  the  appointed  day shall,  from  such  day, 
stand transferred to the common High Court. 

6 

 
(2) Every proceeding transferred under sub-section (1) shall be disposed of by the common High Court 

as if such proceeding was entertained by the High Court. 

24. Interpretation.—For the purposes of section 23,— 

(a) proceedings shall be deemed to be pending in a court until that court has disposed of all issues 
between  the  parties,  including  any  issues  with  respect  to  the  taxation  of  the  costs  of  the  proceedings 
and shall include appeals, applications for leave to appeal to the Supreme Court, applications for review, 
petitions for revision and petitions for writs; and 

(b) references to a High Court shall be construed as including references to a Judge or division court 
thereof; and references to an order made by a court or a Judge shall be construed as including references 
to a sentence, judgment or decree passed or made by that court or Judge. 

25.  Right  to  appear  or  to  act  in  proceedings  transferred  to  the  common  High  Court.—Any 
person who, immediately before the appointed day, is an advocate entitled to practise in the High Court of 
Assam,  Nagaland,  Meghalaya,  Manipur  and  Tripura  and  was  authorised  to  appear  or  to  act  in  any 
proceedings transferred from the said High Court to the common High Court under section 23 shall have the 
right to appear or to act, as the case may be, in the common High Court in relation to those proceedings. 

26.  Saving.—Nothing  in  this  Part shall  affect  the  application  to  the  common High  Court  of  any 
provisions of the Constitution, and this Part shall have effect subject to any provision that may be made on 
or  after  the  appointed  day  with  respect  to  that High  Court  by  any  Legislature  or other authority  having 
power to make such provisions. 

1[26A.  Non-applicability  of  this  Part  to  the  States  of  Meghalaya,  Manipur  and  Tripura.—On 
and  from  the  date  of  commencement  of  the  North-Eastern  Areas  (Reorganisation)  and  Other  Related 
Laws (Amendment) Act, 2012, the provisions of sections 15 to 26 (both inclusive) shall not apply to the 
States of Meghalaya, Manipur and Tripura.] 

PART V 

AUTHORISATION OF EXPENDITURE AND DISTRIBUTION OF REVENUES 

27. Authorisation of expenditure pending its sanction by the Legislature.—(1) The President may, 
at any time before the appointed day, authorise by order such expenditure from the Consolidated Fund of the 
State  of  Mizoram  as  he  deems  necessary  for  a  period  of  not  more  than  six  months  beginning  with  the 
appointed  day,  pending  the  sanction  of  such  expenditure  by  the  Legislative  Assembly  of  the  State  of 
Mizoram: 

Provided that the Governor of Mizoram may, after the appointed day, authorise by order such further 
expenditure as he deems necessary from the Consolidated Fund of the State of Mizoram for any period not 
extending beyond the said period of six months. 

(2)  The  President  or,  as  the  case  may  be,  the  Governor  of  Mizoram shall  make  separate orders 

under sub-section (1) in respect of periods falling in different financial years. 

28. Reports relating to the accounts of the existing Union territory of Mizoram.—(1) The reports 
of  the  Comptroller  and  Auditor-General  of  India  referred  to  in  section 49 of  the  Government  of  Union 
Territories Act, 1963 (20 of 1963), relating to the accounts of the existing Union territory of Mizoram in  
respect of any period prior to the appointed day, shall be submitted to the Governor of Mizoram who shall 
cause them to be laid before the Legislative Assembly of the State. 

(2) The Government may, by order,— 

(a) declare any expenditure incurred out of the Consolidated Fund of the existing Union territory of 
Mizoram  on  any  service  in  respect  of  any  period  prior  to  the  appointed  day  during  the  financial 
year 1986-87 or in respect of any earlier financial year in excess of the amount granted for that service 
and for that year as disclosed in the reports referred to in sub-section (1) to have been duly authorised, 
and 

(b) provide for any action to be taken on any matter arising out of the said reports. 

1. Ins. by Act 26 of 2012, s. 12 (date to be notified). 

7 

 
                                                           
29.  Allowances  and  privileges  of  Governor  of  Mizoram.—The  allowances  and  privileges  of  the 
Governor of Mizoram shall, until provision in that behalf is made by Parliament by law under clause (3) of 
Article 158, be such as the President may, by order, determine. 

30.  Distribution  of  revenues.—The  President shall,  by order,  determine  the  grants-in-aid  of  the 
revenues of the State of Mizoram and the share of that State in the Union duties of excise, estate duty and 
taxes  on  income  and  for  that  purpose  amend  thereby  the  relevant  provisions  of  the  Additional  Duties  of 
Excise (Goods of Special (Importance) Act, 1957 (58 of 1957), the Union Duties of Excise (Distribution) 
Act, 1979  (24  of  1979),  the  Estate  Duty  (Distribution)  Act, 1962  (9  of  1962) and  the  Constitution 
(Distribution of Revenues) Order, 1985 in such manner as he thinks fit. 

PART VI 

ASSETS AND LIABILITIES 

31. Property, assets, rights, liabilities, obligations, etc.—(1) All such property and assets within the 
existing  Union  territory  of  Mizoram  as  are  held  immediately  before  the  appointed  day  by  the  Union  for 
purposes  of  governance  of that  Union  territory shall,  on  and  from  that  day,  pass to  the  State  of Mizoram 
unless the purposes for which such property and assets are so held are Union purposes: 

Provided that the cash balances in the treasuries in the Union territory of Mizoram before the appointed 

day shall, as from that day, vest in the State of Mizoram. 

(2) All rights, liabilities and obligations (other than those relatable to, or in connection with, a Union 
purpose),  whether  arising  out  of  any  contract  or otherwise,  which  are,  immediately  before  the  appointed  
day,— 

(a) the rights, liabilities and obligations of the Central Government arising out of, or in connection 

with, the governance of the Union territory of Mizoram; or 

(b)  the  rights,  liabilities  and  obligations  of  the  Administrator  of  the  existing  Union  territory  of 

Mizoram in his capacity as such, or of the Government of that Union territory, 

shall, on and from the appointed day, be the rights, liabilities and obligations of the Government of the State 
of Mizoram. 

(3) The right to recover arrears of— 

(a) any tax or duty being a tax or duty enumerated in the State List in the Seventh Schedule to the 

Constitution; or 

(b) any duty referred to in article 268; or 

(c) any tax under the Central Sales Tax Act, 1956 (74 of 1956), 

which have fallen due in the existing Union territory of Mizoram shall pass to the State of Mizoram. 

(4) The provisions of this section shall not apply to or in relation to,— 

(a) any institution, undertaking or project the expenditure in relation to which is immediately before 

the appointed day, met from and out of the Consolidated Fund of India; 

(b) any property which has been placed by the Union at the disposal of the administration of the 
existing Union territory of Mizoram subject to the condition that the ownership thereof will continue to 
vest in the Union. 

Explanation.—For the purposes of this section— 

(a)  “liability”  includes  liability  in  respect  of  any  civil  deposit,  local  fund  deposit,  charitable 

or other endowment, provident fund account, pension or actionable wrong; 

(b) “Union purposes” means the purposes of Government relatable to any of the matters mentioned 

in the Union List. 

8 

 
 
 
PART VII 

PROVISIONS AS TO SERVICES 

32. Provision relating to All India Services.—Every member of the Indian Administrative Service, 
the  Indian  Police  Service  and  the  Indian  Forest  Service  who,  immediately  before  the  appointed  day,  is 
holding any post in the existing Union territory of Mizoram shall, until otherwise directed by the Central 
Government, be deemed to be on deputation, on and from the appointed day, to the Government of the 
State of Mizoram on the same terms and conditions of service as are applicable to him under the relevant 
cadre rules: 

Provided  that  the  period  of  such  deputation  shall  in no  case  extend  beyond  a  period  of  three  years 

from the appointed day. 

Explanation.—In this section, “cadre rules” means the Indian Administrative Service (Cadre) Rules, 
1954, the Indian Police Service (Cadre) Rules, 1954 or the Indian Forest Service (Cadre) Rules, 1966, as 
the case may be. 

33. Provisions relating to other services.—(1) Every person who immediately before the appointed 
day  is  serving  in  connection  with  the  affairs  of  the  Union  under  the  administrative  control  of  the 
Administrator  of  the  Union  territory  of  Mizoram  shall,  unless  otherwise  directed  by  an  order  of  the 
Central Government, be deemed to have been allocated for service as from that day in connection with the 
affairs of the State of Mizoram: 

Provided that no directions shall be issued under this section after the expiry of a period of one year 

from the appointed day. 

(2)  The  provisions  of  this  section  shall  not  apply  in  relation  to  persons  to  whom  the  provisions  of 

section 32 apply. 

34. Other provisions as to services.—(1) Nothing in this section or section 33 shall be deemed to 
affect  on  or  after  the  appointed  day  the  operations  of  the  provisions  of  Chapter  I  of  Part  XIV  of  the 
Constitution in relation to determination of the conditions of service of persons serving in connection with 
the affairs of the State of Mizoram: 

Provided that the conditions of service applicable immediately before the appointed day in the case of 
any  person  referred  to  in  section  33  shall  not  be  varied  to  his  disadvantage  except  with  the  previous 
approval of the Central Government. 

(2) All services prior to the appointed day rendered by a person deemed to have been allocated under 
section 33 in connection with the administration of the Union territory of Mizoram, shall be deemed to 
have been rendered in connection with the affairs of the State of Mizoram for the purposes of the rules 
regulating his conditions of service. 

35. Provisions as to continuance of officers in same posts.—Every person who immediately before 
the appointed day, is holding or discharging the duties of any post or office in connection with the affairs 
of the Union territory of Mizoram shall continue to hold the same post or office and shall be deemed, on 
and  from  that  day,  to  have  been  duly  appointed  to  the  post  or  office  by  the  Government  of,  or  other 
appropriate authority in, the State of Mizoram on the same terms and conditions of appointment and on 
the same tenure as he was holding the post or office immediately before that day: 

Provided that nothing in this section shall be deemed to prevent a competent authority on or after the 
appointed day from passing in relation to such person any order affecting his continuance in such post or 
office. 

36. Advisory Committees.—The Central Government may, by order, establish one or more Advisory 

Committees for the purpose of assisting it in regard to— 

(a) the discharge of its functions under this Part; and 

(b) the ensuring of fair and equitable treatment to all persons affected by the provisions of this 

Part and the proper consideration of any representations made by such persons. 

9 

 
37. Prohibition of representation after certain period.—Notwithstanding anything to the contrary 
contained  in  any  law  or  rule  for  the  time  being  in  force,  no  representation  shall  lie  against  any  order 
passed  under  the  provisions  of  this  Part  on  the  expiry  of  three  months  from  the  date  of  publication  or 
service, whichever is earlier, of such order: 

Provided  that  the  Central Government  may,  suo  motu  or  otherwise  and  for  reasons  to  be  recorded,  
re-open any matter and pass such orders thereon as may appear to it to be appropriate if it is satisfied that 
it is necessary so to do in order to prevent any miscarriage of justice to any affected person. 

38.  Power  of  Central  Government  to  give  directions.—The  Central  Government  may  give  such 
directions to the Government of the State of Mizoram as may appear to it to be necessary for the purpose 
of giving effect to the foregoing provisions of this Part and the State Government shall comply with such 
directions. 

PART VIII 

LEGAL AND MISCELLANEOUS PROVISION 

39.  [Amendment  of  Article  210,  Article  239A,  Article  240,  Article  244,  the  Fifth  Schedule  and  the 
Sixth Schedule to the Constitution].—Rep. by the Repealing and Amending Act, 2001 (30 of 2001), s. 2 
and the First Schedule (w.e.f. 3-9-2001). 

40. [Amendment of Act 28 of 1958].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 3-9-2001). 

41. [Amendment of Act 20 of 1963].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 3-9-2001). 

42. [Amendment of Act 84 of 1971].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 3-9-2001). 

43. Continuance of existing laws and their adaptations.—(1) All laws in force, immediately before 
the appointed day, in the existing Union territory of Mizoram shall continue to be in force in the State of 
Mizoram until altered, repealed or amended by a competent Legislature or other competent authority. 

(2) For the purpose of facilitating the application in relation to the State of Mizoram of any law made 
before  the  appointed  day,  the  appropriate  Government  may,  within  two  years  from  that  day,  by  order, 
make such adaptations and modifications of the law, whether by way of repeal or amendment, as may be 
necessary  or  expedient,  and  thereupon  every  such  law  shall  have  effect  subject  to  the  adaptations  and 
modifications so made until altered, repealed or amended by a competent Legislature or other competent 
authority. 

Explanation.—In this section, the expression  “appropriate Government” means, as respects any law 
relating to a matter enumerated in the Union List in the Seventh Schedule to the Constitution, the Central 
Government, and as respects any other law, the Government of the State of Mizoram. 

44. Power to construe laws.—Notwithstanding that no provision or insufficient provision has been 
made under section 43 for the adaptation of a law made before the appointed day, any court, tribunal or 
authority required or empowered to enforce such law may, for the purpose of facilitating its application in 
relation to the State of Mizoram, construe the law in such manner not affecting the substance as may be 
necessary or proper in regard to the matter before the court, tribunal or authority, as the case may be. 

45.  Provisions  as  to  continuance  of  courts,  etc.—All  courts  and  tribunals  and  all  authorities 
discharging  lawful  functions  throughout  the  existing  Union  territory  of  Mizoram  or  any  part  thereof 
immediately before the appointed day shall, unless their continuance is inconsistent with the provisions of 
this Act or until other provision is made by a competent legislature or other competent authority, continue 
to exercise their respective functions. 

46. Effect of provisions of Act inconsistent with other laws.—The provisions of this Act shall have 

effect notwithstanding anything inconsistent therewith contained in any other law. 

47. Power to remove difficulties.—(1) If any difficulty arises in giving effect to the provisions of 
this Act, the President may, by order, do anything not inconsistent with such provisions which appears to 
him to be necessary or expedient for the purpose of removing the difficulty. 

(2) Every order made under this section shall be laid before each House of Parliament. 

10 

 
48. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make rules to give effect to the provisions of this Act. 

(2)  Every  rule  made  under  the section  shall  be  laid  as  soon  as  may  be  after it is  made  before each 
House of Parliament while it is in session for a total period of thirty days which may be comprised in one 
session  or  in  two  or  more  successive  sessions,  and  it,  before  the  expiry  of  the  session  immediately 
following the session or the successive sessions aforesaid both Houses agree in making any modification 
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only 
in such modified form or be of no effect, as the case may be; so, however, that any such modification or 
annulment shall be without prejudice to the validity of anything previously done under that rule. 

[THE FIRST SCHEDULE].—Rep. by the Repealing and Amending Act, 2001 (30 of 2001), s. 2 and 

the First Schedule (w.e.f. 3-9-2001). 

[THE SECOND SCHEDULE].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 3-9-2001). 

[THE THIRD SCHEDULE].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 3-9-2001). 

[THE FOURTH SCHEDULE].—Rep. by s. 2 and the First Schedule, ibid. (w.e.f. 3-9-2001). 

11 

 
